Terms of Service
Terms of Service
Our terms of use define the rules that we apply to govern the use of this website and our services, as well as the intellectual property contained in our offers. It is essentially a contractual agreement between GOOD Worldwide Inc. and you, the user of this website and these services. Please read the information below carefully to understand exactly what you can and cannot do on our website(s) or with our services and to understand the restrictions for which each of us is responsible in connection with your use of the services we offer.
1. Acceptance of the terms of use
These terms of use ("Terms") apply to all websites and/or sub-domains owned and operated by GOOD Worldwide Inc. and/or its subsidiaries, affiliates, divisions, branches or parent companies ("GOOD", "we", "us" or "our"), including prohomefeed. com, well, upworthy.com, scoop.upworthy.com and its sub-domains (the "Site(s)"), and all portals, applications, products, goods, services, newsletters, events and all interactive features, applications or other services that are linked to these Terms. By accessing, viewing or posting on the Site(s) or participating in the services offered on the Site(s) (collectively, the "Services") or using the Site(s), you agree to be bound by these Terms. These Terms apply to all users of the Site(s), including users who also contribute content, information and other materials to the Site(s), including comments, "favors" or communications. If you are using the Site(s) or Services on behalf of a company or organization, that company or organization is also considered a party to these Terms. Our site and services are not intended for users under the age of 13.
From time to time, GOOD may decide to change, add or remove portions of these terms and conditions and will post those changes here. If GOOD does so, your continued use of the site or services after such changes are made will signify your acceptance of those changes. The amended terms and conditions will automatically become effective upon posting on this site. In addition, GOOD reserves the right to change and improve the features and functionality of the services at any time, including adding, modifying or removing features and functionality of the services or updating the way our services are provided. BON also reserves the right to suspend or terminate the services for any reason or at any time.
2. privacy policy
At GOOD, we are committed to respecting privacy and security and providing the best possible experience for our users. Please read our Privacy Policy, which explains our practices regarding the collection and use of your information through or in connection with the site or services and which is expressly incorporated into these terms and conditions. You acknowledge that by using the Site or Services, you consent to the collection and use of your personal information in accordance with the Privacy Policy. Our Privacy Policy may provide additional options for not disclosing this information, depending on the jurisdiction in which you are located.
3. Proprietary Rights
You acknowledge that this site contains content protected by copyrights, trademarks, service marks, trade dress, patents, moral rights or other proprietary rights ("Content"), and that these rights are valid and protected in all forms, in all media and technologies now existing and hereafter developed. You also acknowledge that, except as otherwise provided in these Terms and Conditions or as otherwise indicated on the Site, BON or its licensors own all Content on this Site, including, without limitation, all video, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, "look and feel" and arrangement of such Content. Your use of this site does not confer upon you any claim of ownership over any content that you have not created, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on, any Content, in whole or in part. You may print copies of the Content, provided that such copies are made solely for your personal, non-commercial use and that you retain all notices contained in the Content, or retained by the licensor or author, such as copyright notices, trademark legends, attribution, guidelines or other proprietary rights notices. You may not electronically store any substantial portion of the Content on this Site. The use of the content of this site on any other site, including by linking or framing, or in any networked computer environment, for any purpose whatsoever, is prohibited without the prior written consent of BONNE.
To obtain permission to use the content of this site or marketing materials prepared and distributed by GOOD, you must request prior written permission and provide full attribution. Permission must be requested by contacting soufianedrioua92@gmail.com.
4. Use of the site; risk of loss
GOOD reserves the right to refuse service, cancel newsletter subscriptions and orders for products or services, terminate accounts or access to the site, and/or remove or edit content, in its sole discretion. If you register for information from GOOD, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the site and services. You also represent that you are using our site for lawful purposes - you may not use your access to the site or services for the purpose of committing or promoting fraudulent acts or committing any act that could give rise to civil or criminal liability.
You are solely responsible for your conduct and any content that you submit, publish and display on the Site or Services or that you authorize others to submit, publish and/or display on the Site or Services under your name or profile. You may not harass, threaten, impersonate or intimidate other users of the GOOD Site or Services. You may not upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, hateful, tortious, defamatory, libelous, vulgar, obscene, slanderous, invasive of another's privacy or otherwise objectionable. You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
You agree not to access the Site by any means other than through a commercially available web browser. You may not upload to the site any material of which you must be aware or which you know infringes the intellectual property rights of others, and you may not upload material that imposes an unnecessary load so as to affect the performance of the site, or of GOOD systems and equipment. You may not use the site or services in any manner that could block access, alter, damage or otherwise disable the GOOD or any of our servers. You may not attempt to gain unauthorized access to the Site or to the accounts, computer systems or networks of other users through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malicious software, spyware, worms, corrupted files or any other material or software that may damage the operation of another computer. Any material downloaded is subject to all applicable federal, state, national and international laws.
We may, in our sole discretion, terminate your access to or use of the Site at any time and for any reason. BONNE will not be liable to you or to any third party for termination of your access to the Site. When you stop using the Site, you must (i) cease using the Site and any information obtained from the Site and (ii) destroy all copies of any information obtained from the Site.
5. SECURITY
Any violation of the security of the site or services is prohibited and may result in criminal and civil penalties. We may investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if we suspect a criminal violation. Examples of security breaches include, but are not limited to, unauthorized access to or use of data or systems, including any attempt to probe, scan or test the vulnerability of the Site or Services or to breach security or authentication measures; unauthorized monitoring of data or traffic; or interfering with a user's service, host or network, mail bombing, message bombing, other flooding techniques, deliberate attempts to overload a system, altering a TCP-IP packet header, e-mail header or any part of a message header, except for the authorized use of aliases or anonymous forwarding, and the use of manual or electronic means to circumvent any usage restrictions.
6. Submitted Materials
Unless expressly requested, GOOD does not wish to receive confidential or proprietary information or trade secrets from you through the website (including through the contact email address provided on the website). Accordingly, by submitting information or creative works to GOOD, including, without limitation, submissions of ideas, suggestions, business plans, concepts or demonstrations in any media, including photographs, graphics, audio-visual or other materials ("Submissions"), you warrant that the Submissions are not confidential or secret and that they are entirely your property, and you grant GOOD a royalty-free, worldwide license, a perpetual, irrevocable, non-exclusive, fully transferable, assignable, sub-licensable right and license to use the Submissions, copy, reproduce, modify, adapt, print, publish, translate, create derivative works, create collective works and distribute, perform, display, license and sub-license (on multiple tiers) the Submissions in any media now known or hereafter devised, including for commercial purposes. In addition to the rights that apply to any Submitted Materials, by posting comments or reviews on the Site, you also grant us the right to use the name that you submit with any review, comment or other content related to such review, comment or other content. By submitting materials, you warrant that you have all necessary rights (including rights of privacy and publicity) to permit proper use of the submitted materials in accordance with the license in this section. You may not use a false e-mail address, impersonate anyone other than yourself, or mislead us or any third party as to the origin of the Submitted Materials, including any ratings, comments or other content. We may, but are not obligated to, remove or edit any Submitted Materials (including any comments or reviews) for any reason.
7. Third Party Websites
The Site may contain links to third party websites that take you outside the GOOD Site and services ("Linked Sites"). We do not control, endorse, sponsor, recommend or otherwise accept responsibility for the content of such Linked Sites, and we make no warranties or representations, express or implied, regarding the content (or the accuracy, timeliness or completeness of such content) of the Linked Sites. When you follow a link to another website, that site will be governed by different terms of use and privacy policy. You must ensure that you have read and agree to these policies.
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Site, including, without limitation, with respect to payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any kind or nature whatsoever incurred as a result of such transactions or as a result of the presence of such third parties on the Site, and you agree to indemnify us from and against any and all claims incurred as a result of such transactions.
8. compensation
You agree to defend, indemnify and hold harmless GOOD, its subsidiaries, affiliates, divisions, subsidiaries or parent companies, their officers, directors, employees, affiliates and agents from and against any and all claims, losses, damages, fines, penalties or other liabilities of any kind whatsoever : (i) your use of and access to the Website or the Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party rights, including copyright, trademark, trade secret or privacy rights, with respect to your User Content (if any) or your use of the Website.
9. Exclusion of liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES PROVIDED BY GOOD IS AT YOUR OWN RISK. GOOD DOES NOT GUARANTEE THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION CONTAINED ON THIS WEBSITE. THE CONTENT AND INFORMATION ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF ANY PRODUCT, INFORMATION OR SERVICE PROVIDED BY OR IN CONNECTION WITH THIS SITE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR THE CONTENT OF ANY SITE LINKED TO THIS SERVICE. GOOD DOES NOT WARRANT, APPROVE, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR CONTAINED IN ANY ADVERTISEMENT, AND GOOD IS IN NO WAY A PARTY TO OR RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND ANY THIRD PARTY SUPPLIER OF PRODUCTS OR SERVICES. GOOD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. limitation of liability
to the fullest extent permitted by law : IN NO EVENT SHALL GOOD (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR RELATING TO (1) THESE TERMS OF USE, (2) THE USE OR INABILITY TO USE THE WEBSITE, SERVICES OR CONTENT, including loss of revenue, profits, data or business interruption, whether based on warranty, contract or other agreement, DAMAGES OR ANY OTHER LEGAL THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR RECEIVED, OR MESSAGES OR TRANSCRIPTS RECEIVED, OBTAINED FROM OR THROUGH THE SERVICE OR THE SITE, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICE, OR (6) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. IN NO EVENT SHALL THE AGGREGATE LIABILITY FOR ANY PROPERTY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, AFFILIATES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE OR THE SERVICES (WHETHER IN CONTRACT, TORT, NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. OTHERWISE, ANY SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
11. Press release
If you have a dispute with one or more users of the Site or Services, you release GOOD (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12. Allegations of Violation
The GOOD respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), GOOD will respond to notices of claimed copyright infringement in accordance with applicable law and will be notified to its designated copyright agent as set out below. GOOD will disable and/or remove access to the website for users who repeatedly commit infringements. If you believe that your content has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide GOOD's copyright administrator with the following information
DMCA Notice of Alleged Violation ("Notice")
- Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by this notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material or link that you claim has been infringed and provide a description of where the infringing work is located on the website.
- Include your postal address, telephone number and, if available, e-mail address.
- Include the following two statements in the body of the notice :
- "I hereby declare that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (for example, fair dealing)".
- "I hereby declare that the information contained in this notice is accurate and, under penalty of perjury, that I am the owner, or am authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed".
- Provide your full legal name and electronic or physical signature.
- Deliver this notice, with all completed elements, to the copyright agent designated by GOOD :
Copyright Agent
GOOD Worldwide Inc.
1370 North St Andrews Pl.
Los Angeles, CA 90028
While GOOD takes all such notices seriously, you may be liable for damages (including attorneys' fees and costs) if you materially misrepresent the infringing content or activity. Therefore, if you are unsure whether the content infringes your copyright (including whether the use of copyrighted material may constitute fair use), you may seek the advice of an attorney.
13. Termination
GOOD reserves the right, in its sole discretion, to restrict, suspend or terminate these Terms of Use and your access to all or part of the Site or the Content or Services, at any time and for any reason, without notice or liability. You may terminate these Terms of Service by discontinuing use of the Services and access to the Site. GOOD also reserves the right, in its sole discretion, to discontinue providing the services and this site at any time.
14. Severability
If any provision of these Terms is held in whole or in part to be invalid, void or unenforceable in any jurisdiction for any reason, the remainder of such provision and the entire Agreement shall be severable and shall remain in full force and effect.
15. Dispute Resolution
Except as provided herein, no civil action regarding any dispute, claim or controversy arising out of or relating to these Terms of Service, including any claim regarding the validity or enforceability of these Terms or this dispute resolution provision, may be brought until the matter has been submitted to JAMS for mediation. The parties agree that such mediation shall take place in Los Angeles County, California, United States. Either party may commence mediation by providing JAMS and the other party with a written request for mediation, setting forth the subject matter of the dispute and the relief sought. The parties shall cooperate with JAMS and with each other to select a single mediator from the JAMS Panel of Neutrals and to schedule the mediation proceedings. The parties agree that they shall participate in the mediation in good faith and shall share the costs of the mediation equally. All offers, promises, conduct and statements, whether oral or written, made by any of the parties, their agents, employees, experts and counsel, as well as by the mediator and any JAMS employee, in the course of the mediation shall be confidential, privileged and inadmissible for all purposes, including indictment, in any dispute or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable by reason of its use in the mediation. Each party may seek an equitable remedy (such as an injunction to prevent copyright infringement) prior to the mediation to preserve the status quo pending the completion of the mediation process. Other than such an action for equitable relief, neither party may commence a civil action in respect of the matters referred to mediation before the end of the initial mediation session or 45 days after the date of filing of the written request for mediation, whichever comes first. Mediation may continue after the commencement of a civil action if the parties so desire. The provisions of this Article may be enforced by any court of competent jurisdiction, and the party seeking enforcement is entitled to an order for all costs, fees and expenses, including attorney's fees, to be paid by the party against whom enforcement is ordered .
16. General
These Terms of Use shall be governed by the laws of the State of California, without reference to its choice of law rules. The exclusive jurisdiction and venue for any action under these Terms of Use shall be the state and federal courts of Los Angeles, California. You hereby consent and submit to the personal jurisdiction of such courts. You may not assign any of your rights or delegate any of your obligations hereunder and any attempt to do so is void and of no effect. GOOD may assign its rights and delegate its duties under this Agreement in its entirety in connection with a merger, reorganization or sale of all or substantially all of its assets related to these Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and GOOD. GOOD does not guarantee continuous, uninterrupted or secure access to this site or the services, and the operation of the site may be disrupted by numerous factors beyond its control. The fact that we do not act in case of violation by you or others does not exempt us from our right to act in case of subsequent or similar violations. These Terms of Use set forth the entire understanding and agreement between you and BONNE with respect to the subject matter hereof. Sections 3 (Proprietary Rights), 6 (Submitted Materials), 8 (Indemnification), 9 (Disclaimer), 10 (Limitation of Liability), 11 (Disclaimer), 14 (Severability), 15 (Dispute Resolution) and 16 (General) survive any termination or expiration of this Agreement. In addition, any provisions that by their nature were intended to survive the termination of these Terms shall survive such termination.